- New Rules and Fees for LMIA-Exempt Foreign Workers
- March 20, 2015 | Author: Melanie C. Samuels
- Law Firm: Singleton Urquhart LLP - Vancouver Office
- Beginning February 21, 2015, employers who employ foreign workers who are exempt from the Labour Market Impact Assessment ("LMIA") process, including those in Canada under NAFTA or the Canada-Chile / Canada-Peru / Canada-Colombia Agreements, will be required to:
- Submit information to Citizenship and Immigration Canada ("CIC") about their business or organization;
- Provide CIC with an Offer of Employment form; and
- Pay a new fee to CIC.
The new employer compliance fee of $230 must be paid online. The fees will be used to offset the costs relating to enhanced employer compliance inspections. Non-compliant employers could face a monetary penalty, a ban on hiring foreign workers and, in serious cases, criminal investigation and prosecution.
NOTE: The employer compliance fee does NOT apply to employers hiring foreign nationals who have open work permits.
The new fee of $100 for open work permit applications will also come into effect February 21st and must be paid at the same time as the work permit processing fee ($155).
Open work permits under the International Mobility Program include working holiday portions of the International Experience Class program, Post-Graduate Work Permits, spouses/common-law partners of higher-skilled foreign workers, and international students, as well as certain foreign nationals currently in Canada waiting on finalization of their permanent residence applications.